14/06/2007
The European Court of Justice (ECJ) gave its judgement on 14 June 2007 in proceedings brought by the European Commission against the United Kingdom (Case 127/05) for failure to properly transpose the 1989 framework directive on workers’ health and safety. The ruling accepts that the employer's duty to ensure safety can be limited by financial considerations.

The European Trade Union Confederation (ETUC) respects the ECJ’s absolute independence, but believes that this ruling may go against European workers’ inalienable right to protection of their health and safety at work. "This ruling could be a sign of encouragement to States who want to scale down European legislation on workers' rights", said Walter Cerfeda, ETUC Confederal Secretary for health and safety at work.

UK employers only have to ensure workers’ health and safety to the extent that it is "reasonably practicable" to do so. Case law has interpreted this clause in ways that significantly cut down both the employers’ duty to ensure safety and their civil and criminal liability for harming health.

The ETUC fears for what effects this judgement might have. The European trade union movement sets great store by the objectives of the framework directive, and calls on the European institutions, especially the Commission, to live up to them in full.

• The ETUC press release
• For more information, read our special report
• ECJ Judgment